The Protection Of Consumer’s Right In The Theory Of Modern Contract

The consumer problems arose with the development of commodityeconomy. In modern commodity economy, operator and consumer havebig differences in economic strength, the ability of knowing informationand knowledge or skills. These differences lead to unequal status betweenconsumer and operator. Because of the unequal status, operator is thedominant in commodity business. Consumer has to obey operator’sconduct in making and modifying contract content. Operator may besacrifice consumer’s rights and interests in order to realize his interests.The rights and interests of consumer is infringed. Because of we cannotchange the unequal status, so we need to protect consumer’s right andinterest in law. In modern contract theory, protecting consumer’s right andinterest means protecting consumer’s true intention, so that consumer canexpress true meaning in business out of control of operator. Based on this point, we should perfect contract law and other relevant law to realizeconsumer’s true meaning, and protect consumer’s right and interest.This thesis is mainly divided four parts to state consumer’s identityprotection in the theory of modern contract.The first part provides the shortages of consumer protection in ourlaw. It mainly analyses from two laws: contract law and consumerprotection law. Taking the standard term for example, the contents ofcontract law are too abstract. The consumer contract law is also notperfect, such as the definition of consumer is not clear, the extent ofconsumer’s right is too narrow, the new consumer contract is lack of rulesand the consumers’ association do not provide enough protection.The second part evaluates the reason of the shortage in consumer protection. It is the law ignore the contract freedom of consumer. contractfreedom is generally limited from recent society to now. But influence ofhistory actor, it also exists situations of ignoring consumer’s freedom inmodern law. Because of unequal status between consumer and operator,the law ignore consumer’s contract freedom.The third part provides the basic ideas for protecting consumer’sright: protecting consumer’s true meaning. It analyses from two parts.The first part analyses the relationship between protecting consumer’strue meaning and realizing consumer’s contract freedom. The second partprovides the influence of operator in protecting consumer’s true meaning.Protecting consumer’s true meaning bases on the weak status of consumer,but we cannot infringe operator’s legal rights and interests.The four part puts forward the proposal for perfecting consumerprotection in law. The main thought is that we make the protection ofconsumer’s true meaning expression as instruction, and perfect the rules in contract law and consumer protection law.